I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

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BlogRoll

McDaniel reply brief in the election contest has been filed

There are not many surprises.  Most of the brief is an argument that Kellum, the case holding there is a 20 day deadline, is not the law.  The brief argues that it is not the law because the statute it construed has been repealed, because the reenactment of the statute materially changed it, and because, contrary […]

Marshall Ramsey: McDaniel and McJournalist Charles Johnson vs. Jim Hood

Mississippi Supreme Court servers jammed up? More minutiae about the McDaniel election contest

Last night, I spent over an hour trying to download the Cochran response, and got nothing.  I could download the attachments, quickly, but not the brief.  I complained on Twitter, and almost immediately a friend, who could get it on his phone, sent it to me by email.

Apparently, the McDaniel campaign had the […]

An oddiment in McDaniel’s brief: Gunn is not legitimately in office if Cochran’s argument is right.

Phillip Gunn is Speaker of the House.  A key point of contention is the impact of an election contest between he and Jep Barbour that the Mississippi Supreme Court decided in 2004 that centered around the state elections of 2003.

Obviously, Gunn has fully served the term he won in that case, along with another term and […]

Mississippi Supreme Court today orders that the McDaniel appeal will rocket to a quick conclusion

… or at least, it will be argued quickly. Presumably, a decision will appear shortly thereafter.

Today, the Mississippi Supreme Court entered an order setting the schedule for the appeal:

Record due September 12th. McDaniel brief will be filed by Friday, September 18th. Cochran brief will be filed by Thursday, September 24th. Any reply […]

Some reading comprehension problems with the McDaniel lawyers, who also forgot to read the pocket part

Update: A second interpretation of the McDaniel brief has emerged:  That the lawyer didn’t screw up, he’s just being dishonest with the court about the law.  See comments.

There’s a statutory timetable you need to understand here.

1.  Under Miss Code Ann. § 23-15-921, for county elections, a challenge before the election commission must be […]

Yes, it does appear McDaniel did not file his complaint within the required time

Update (x2): Didn’t someone tell me that McDaniel was a lawyer?  The Clarion-Ledger’s Geoff Pender, who I just realized got there ahead of me on what I’ve written below, quotes the would-be senator on his delay in filing:  “‘Justice has no timetable,’ McDaniel said numerous times when questioned why it was taking so long to […]

The “regression analysis” that is critical to McDaniel’s contest arguments was from a weblog, not a McDaniel expert!?!

This is truly bizzare.  One of the key elements of McDaniel’s election challenge is a claim that a regression analysis had demonstrated that there was a correlation between black population and the increase in Cochran votes between the two primaries.  The analysis was an exhibit to the complaint, but was not included in the […]

Black Votes Don’t Count, Part II: about McDaniel’s claim of a 25,000 vote victory

The Jackson Free Press has a good summary about why it’s fair to describe McDaniel’s challenge as an attack on black votes:

But ultimately, the McDaniel camp wants to show one thing: Cochran won because of black votes that shouldn’t have been cast. On the fifth page of the complaint, McDaniel lawyers cite an […]

BLACK VOTES DON’T COUNT, or, Ok, I’ve read McDaniel’s complaint, and SURPRISE! there’s no there there.

Update:  Seeing an excerpt from the affidavit exhibit about Lafayette County, I decided to read it.  That affidavit (along with a lot of other ones) starts with frustration by the affiant in getting the clerks and election commissioners to cooperate with the review, a constant in these things (the initial position that the […]